Mr S K Baah and Others v Linkline Transport Ltd (in administration) and Secretary of State for Business and Trade: 3309134/2024 and Others
JUDGMENT
Wellingborough claimants(1) The respondent has failed to comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The claim for a protective award succeeds.(2) The Tribunal makes a protective award in respect of the claimants who worked at the respondent’s establishment at Appleby Lodge Way, Sywell Road, Wellingborough, Northamptonshire NN8 6BS and who were dismissed as redundant on or after 18 June 2024 that the employer pay remuneration for the protected period which begins on 18 June 2024 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimants were employed at the same establishment at Appleby Lodge Way, Sywell Road, Wellingborough, Northamptonshire NN8 6BS (“the establishment”) and were made redundant on 18 June 2024.[2]There was a recognised trade union or elected employee representatives at the establishment. 3. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 18 June 2024.[4]The claimants were dismissed during this period without any consultation having taken place.[5]The last of the dismissals occurred on or about 19 June 2024, so all the claims are likely to have been presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.[6]The first respondent, which is in administration, has filed a response in which the administrators give their consent to the claim for a protective award proceeding. The second respondent has filed a response which invites the tribunal to scrutinise the grounds upon which the claimants seek a protective award.[7]There appears to be no reason to depart from the principle that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so. Approved by: Regional Employment Judge Foxwell Date 29 May 2025[1]The claimants were employed at the same establishment at Appleby Lodge Way, Sywell Road, Wellingborough, Northamptonshire NN8 6BS (“the establishment”) and were made redundant on 18 June 2024.[2]There was a recognised trade union or elected employee representatives at the establishment. 3. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 18 June 2024.[4]The claimants were dismissed during this period without any consultation having taken place.[5]The last of the dismissals occurred on or about 19 June 2024, so all the claims are likely to have been presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.[6]The first respondent, which is in administration, has filed a response in which the administrators give their consent to the claim for a protective award proceeding. The second respondent has filed a response which invites the tribunal to scrutinise the grounds upon which the claimants seek a protective award.[7]There appears to be no reason to depart from the principle that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so. Approved by: